BILL NUMBER: S5770
SPONSOR: PALUMBO
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to motor vehi-
cle speed contests, sideshows and street takeovers
 
PURPOSE:
To deter motor vehicle street takeovers by increasing penalties.
 
SUMMARY OF PROVISIONS:
Section 1. Cites this act as "Brendon's Law"
Section 2. Section 1182 of the vehicle and traffic law is amended to
provide the definition of 'participate in"
Section 3. The vehicle and traffic law is amended by adding a new
section 1212a which provides definitions of side shows and street take-
overs, expands on the definition of 'participate in', addresses meaning
of 'spectator and states that a violation of this section shall result
in a misdemeanor punishable by jail time or fine. It also states that
vehicles involved in violation shall be subject to seizure and possible
forfeiture.
Section 4. Sets an immediate effective date.
 
JUSTIFICATION:
Illegal street racing and organized street takeovers are a growing
threat to public safety and endanger the lives of motorists, pedestrians
and law enforcement officers alike. These dangerous activities involve
reckless speeding, stunts and the deliberate obstruction of public roads
that can lead to serious injuries, fatalities and extensive damage to
public and private property.
The urgency of addressing this issue was underscored by a tragic inci-
dent involving Suffolk County Police Department Highway Patrol Officer
Brendon Gallagher, who was severely injured while attempting to stop a
motorist travelling more than 90 miles per hour. Officer Gallagher's
commitment to public safety, as part of Suffolk County's Street Takeover
Task Force, highlights the escalating risks that law enforcement offi-
cers face when confronting lawless drivers.
Current penalties for illegal street racing and takeovers have proven
insufficient to deter offenders. Many participants, emboldened by social
media and the perceived lack of severe consequences continue to engage
in these activities despite fines and criminal penalties. This seeks to
strengthen enforcement efforts, enhance penalties and provide law
enforcement with the tools to prevent and disrupt these unlawful activ-
ities before they result in further tragedy.
Brendon's Law affirms New York State's commitment to:
Protecting public safety by imposing stricter penalties on all individ-
uals who engage in illegal street racing, reckless driving and take-
overs.
Deterring reckless behavior through enhanced enforcement mechanisms and
harsher consequences, including vehicle seizure and potential forfei-
ture.
Supporting law enforcement in their efforts to prevent these dangerous
activities and hold offenders accountable.
By enacting this law, New York State sends a clear message that reckless
disregard for public safety will not be tolerated. Our roads must remain
safe for law-abiding citizens and those who choose to endanger others
through illegal racing and takeovers will face serious legal conse-
quences.
 
LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS:
 
EFFECTIVE DATE:
Immediately